United States: Professional Negligence

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Article
Judgment Day On The Jobsite: Accounting For AI In Construction — From Contract To The Field
As artificial intelligence moves from contract documents onto construction sites, questions of liability, data privacy, and professional responsibility are becoming increasingly urgent. From autonomous equipment and biometric monitoring to AI-driven project administration, the construction industry faces a new frontier of legal risk that existing frameworks may not adequately address.
United States Real Estate
SH
Stites & Harbison PLLC
Article
Walkup Launches Trial Skills Lab: Practical Training For Plaintiff Trial Lawyers
The Walkup Trial Skills Lab offers free continuing legal education activities for experienced plaintiff-side attorneys practicing in California. Sessions are led by senior partners and veteran trial lawyers at Walkup, Melodia, Kelly & Schoenberger, drawing on decades of courtroom experience in catastrophic injury, wrongful death, and medical negligence litigation. Each one-hour program is designed to qualify for 1.0 hour of California General MCLE credit upon completion.
United States Litigation
WL
Walkup, Melodia, Kelly & Schoenberger
Article
When Is An Insured Entitled To Independent Legal Representation At The Insurer’s Expense? Lessons From A US Court.
When a liability insurer defends an insured under a reservation of rights, does a conflict of interest arise if the factual issues in the underlying litigation are the same facts that determine coverage availability? The Minnesota Court of Appeals addressed this critical question in a case involving a construction zone accident, establishing when insurers must fund independent counsel for their insureds.
United States Insurance
AA
Adams & Adams
Article
Sanctions For Misuse Of AI In Court Submissions Increasing Sharply: Another Cautionary Tale
An Illinois circuit court recently imposed $60,000 in sanctions on a law firm and attorney for submitting AI-generated fabricated case citations in court filings, marking a significant escalation in judicial penalties for artificial intelligence misuse. The case reveals how multiple instances of AI hallucinations across several filings, combined with inadequate disclosure and failure to take responsibility, led to one of the largest sanctions to date for AI-related misconduct in legal practice.
United States Technology
K
Klemchuk
Article
Professional Liability: Consent-to-Settle Clauses And The Risk Of Settling Without All Insureds’ Consent
A U.S. court has ruled that a professional liability insurer breached its policy by settling a claim against one insured without obtaining consent from all other insureds named under the same policy. The decision hinged on the interpretation of an ambiguous consent-to-settle clause, which the court construed against the insurer under the contra proferentem principle, leaving insurers with important lessons about drafting multi-insured policies.
United States Insurance
AA
Adams & Adams
Article
Good People Doing Bad Things: When A Fraud Case Is About More Than The Fraudsters
When investors poured millions into an aircraft venture only to discover their brokers had diverted funds and concealed critical information, the path to recovery proved far more complex than simply proving fraud. This case reveals how commercial fraud often emerges not from elaborate schemes but from legitimate ventures under pressure, and why identifying all parties with potential liability—including seemingly innocent intermediaries—can mean the difference between a worthless judgment and act
United States Litigation
DW
Dickinson Wright PLLC
Article
Freight Brokers And Risk Management In The Post-Montgomery World
The Supreme Court's Montgomery v. Caribe Transport II decision has eliminated a critical preemption defense for freight brokers, exposing them to state law negligence claims for hiring unsafe motor carriers. This ruling creates unprecedented litigation risk and insurance cost implications for both U.S. and Canadian freight brokers operating in interstate commerce, prompting the Transportation Intermediaries Association to petition for federal safety selection standards.
United States Transport
GR
Gardiner Roberts LLP
Article
How Far Is Too Far? Commercial Division Finds Gross Negligence But Declines To Strike Answer For Digital Spoliation
When does gross negligence in evidence preservation cross the line into willful misconduct warranting the striking of a pleading? A Manhattan Commercial Division decision examines the boundaries of spoliation sanctions after a cybersecurity firm's pervasive preservation failures led to the loss of critical Slack messages, monitoring tickets, and alarm data spanning the period of a ransomware attack.
United States Litigation
FF
Farrell Fritz, P.C.
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